6s4
No.
33
Protection of Traditional Knowledge and Cultural
Expressions
(c) the protection of traditional knowledge
cultural expressions from misuse
2016
and
and
misappropriation; and
(d)
the facilitation of access of information and the
sharing of information and data relating to
traditional knowledge and cultural expressions.
PART II-PROTECTION OF TRADITIONAL
KNOWLEDGE
6.
Protection shatl
knowledge that
(a)
is-
be extended to
traditional il:ffi,:,H:f.','
knowlcdge.
generated, preserved and transmitted from one
generation to another, within a community, for
economic, ritual, narrative, decorative or
recreational purposes;
(b) individually or collectively generated;
(c) distinctively associated with or belongs to
a
community; and
(d)
integral to the cultural identity of community that
is recognized as holding the knowledge through a
form of custodianship, guardianship or collective
responsibility,
and cultural ownership
established formally or informally by customary
practices, laws or protocols.
or
7. (1) Protection of traditional knowledge shall not
subject to any formality.
be ["ffi*li:fJi'-,
Notwithstanding subsection (1), county
governments shall collect information, document and
(2)
register traditional knowledge within the respective counties
for the purposes of recognition.
(3) The Registration under subsection (2) shall be
undertaken willingly by the owners of traditional knowledge
upon obtaining prior informed consent but shall not require
the public disclosure
the traditional knowledge
concerned.
of
(4) Where a community in Kenya shares traditional
knowledge with a community outside Kenya, the national
and county government shall register the owners of the
traditional knowledge in Kenya and maintain relevant
records.
treditionrl
knowlcdge.